Lord Chancellor's Functions: Human Rights Act 1998

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the Lord Chancellor's judicial and administrative functions have changed as a result of the coming into force of the Human Rights Act 1998; and, if so, in what way.

Lord Irvine of Lairg: The functions themselves have not changed as a result of the coming into force of the Human Rights Act. Reviewing my practice to ensure that the functions are exercised compatibly with the convention is a process which predates the Act and which continues. For example, I responded to the Scottish case of Starrs and Chalmers by reviewing the terms on which part-time judges were appointed in order to enhance their security of tenure. This exercise was completed before the Act came into force. It involved putting in place administrative arrangements governing how part-time judges might be removed for cause, compatibly with the Act and with the concurrence of the Lord Chief Justice.
	However, the Act brings the convention into sharp focus for all public authorities, including myself and my department. Convention rights are a major factor guiding what we do, and in the development of policy in those areas for which I have ministerial responsibility.

Census Internet Site

Lord Rotherwick: asked Her Majesty's Government:
	Whether QinetiQ has given any indication of when the enhancement of the census Internet site will be complete.

Lord Irvine of Lairg: QinetiQ Ltd is continuing to work on the technical enhancements which will be tested over the next few weeks. These enhancements are intended to make the site sufficiently robust to permit general Internet access, and are being done with a sense of urgency. However, the most important consideration is to ensure that the service is relaunched successfully.

Census Internet Site

Lord Rotherwick: asked Her Majesty's Government:
	What was the cost of the contract with QinetiQ to produce a census Internet site.

Lord Irvine of Lairg: The final tender price of the contract is commercially sensitive information, which it would be inappropriate to put into the public domain.

Census Internet Site

Lord Rotherwick: asked Her Majesty's Government:
	Whether there is any additional cost to the original contract with QinetiQ to enhance the census Internet site.

Lord Irvine of Lairg: No cost to the Public Record Office is involved in the additional work now being carried out. The contractor, QinetiQ Ltd, is meeting the cost of this work.

OSCE: UK Delegation to Parliamentary Assembly

Baroness Turner of Camden: asked Her Majesty's Government:
	Whether they will announce the membership of the United Kingdom delegation to the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe.

Lord Williams of Mostyn: The Prime Minister has appointed 13 representatives from the Parliament of the United Kingdom to act as the United Kingdom delegation to the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe. The next meeting of the assembly will take place in Vienna on 21-22 February 2002. The delegation will consist of eight members of the Labour Party, three members of the Conservative Party and two members of the Liberal Democrat Party. The Prime Minister has also appointed a number of substitute delegates.
	The appointment of Conservative and Liberal Democrat Party representatives and substitutes has been made on the basis of nominations by the parties concerned.
	Representatives from the Government Benches will be: the honourable Member for the City of York (Mr Bayley), the right honourable Member for Birmingham Hodge Hill (Mr Davis), the right honourable Member for Walsall South (Mr George) who will act as Leader, the Baroness Hilton of Eggardon, the honourable Member for Thurrock (Mr Mackinlay), the honourable Member for Hyndburn (Mr Pope), the honourable Member for Dundee West (Mr Ross) and the honourable Member for Dunfermline West (Ms Squire).
	Representatives from the Conservative Party will be: the honourable Member for Mid Sussex (Mr Soames), the honourable Member for Esher and Walton (Mr Taylor) and the Earl of Northesk.
	Representatives from the Liberal Democrat Party will be: the right honourable Member for North East Fife (Mr Campbell) and the honourable Member for Somerton and Home (Mr Heath).
	The following substitutes have been appointed to act as necessary on behalf of the delegates:
	From the Government Benches: the honourable Member for Rossendale and Darwen (Ms Anderson), the honourable Member for Tooting (Mr Cox) and the Lord Ponsonby of Shulbrede;
	From the Opposition Benches the honourable Member for Richmond Park (Dr Tonge).

Transsexual People

Lord Carlile of Berriew: asked Her Majesty's Government:
	Whether they have any plan to introduce statutory provisions to improve the rights of transsexual people generally: and whether they will introduce legislation specifically to enable them to acquire replacement birth certificates and to marry; and
	In the light of the interdepartmental report on transsexual people, what proposals they have to assist such people to live openly and with appropriate official documentation in their post-operative gender.

Baroness Scotland of Asthal: Issues of concern to transsexual people (such as the replacement of birth certificates, the right to marry, inheritance provision and pension rights) are the policy leads of a number of government departments and were considered by the Interdepartmental Working Group on Transsexual People. The Government are sympathetic to the issues raised in the report and are considering how to take the matter forward.

Transsexual People

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will put the issues contained in the report of the interdepartmental working group of April 2000 on transsexual people out to public consultation, as recommended by the working group and by the Court of Appeal in its judgment of 17 April 2001 in Bellinger v. Bellinger.

Baroness Scotland of Asthal: The report of the interdepartmental working group on transsexual people has been publicly available since July 2000. It was posted on the Internet, and copies were placed in the Libraries of both Houses. Nearly 300 copies have been distributed, and the Home Office and, since June 2001 the Lord Chancellor's Department, have received over 120 responses and comments.
	The Government are sympathetic to the issues raised in the report and are actively considering how to take the matter forward.

Transsexual People

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they are aware that the transsexual's right to legal recognition has been to some extent achieved in at least 23 member states of the Council of Europe and that the only legal systems which do not recognise a change of gender are the United Kingdom, Ireland, Andorra and Albania.

Baroness Scotland of Asthal: The Government are sympathetic to the issues of concern to transsexual people are under consideration within this department. The position of transsexual people in other countries will form part of that consideration.

Transsexual People

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will introduce legislation to provide for the equal treatment of transsexuals and effective remedies for unfair discrimination against transsexuals.

Baroness Scotland of Asthal: The Government are sympathetic to issues of concern to transsexual people and these are under consideration within this department.

Faith Communities

Baroness Cox: asked Her Majesty's Government:
	Given that they have supported Islamic Awareness Week, whether they would also support initiatives to promote awareness of other faith communities in the United Kingdom such as the Sikh community.

Lord Rooker: Yes. The Government acknowledge and value the contribution which all the main world faiths make—economically, socially and culturally—to the multi-cultural society of modern-day Britain.
	They are determined to see a truly dynamic society, in which people from different ethnic, cultural and religious backgrounds can live and work together, while retaining their distinctive identities, in an atmosphere of mutual respect and understanding.

Sussex Police Authority: Report into Shooting of James Ashley

Lord Christopher: asked Her Majesty's Government:
	Whether they have received a report from the Sussex Police Authority concerning the fatal shooting of James Ashley in 1998.

Lord Rooker: My right honourable friend the Minister of State for the Home Department (Mr Denham) required the Sussex Police Authority to report under Section 43 of the Police Act 1996 on the events surrounding the shooting and the action taken by Sussex Police to ensure that they have responded appropriately. He has now received that report and is placing a copy in the Library. The report gives an account of the circumstances leading up to the shooting, the subsequent investigations, and the action which has been taken in Sussex to improve policing and to restore public confidence. Three officers are currently facing disciplinary proceedings in connection with the shooting. The Police Authority has informed my right honourable friend that it has not included any material which in its view could be prejudicial to the proceedings.

Gibraltar: Diverted Aeroplane

Lord Hoyle: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 25 January (WA 221):
	(a) what were the date and time of the flight of the aeroplane which was diverted to Spain from Gibraltar;
	(b) whether the plane first flew to Tangier; and
	(c) whether the flight was rescheduled as a flight from Tangier to Malaga.

Baroness Symons of Vernham Dean: (a) 24 August 2001. The flight had an expected landing time of 9.30 am.
	(b) No. The aircraft declared an emergency, and was given permission to land directly at Palma airport in Majorca.
	(c) No.

Foreign and Commonwealth Office Ministers

Baroness Billingham: asked Her Majesty's Government:
	Whether there have been any recent changes to the responsibilities of Foreign and Commonwealth Office Ministers.

Baroness Symons of Vernham Dean: Following the appointment of my right honourable friend the Member for Neath, the Minister of State for Europe (Mr Hain) as the Government Representative on the Convention on the Future of Europe, my right honourable friend the Foreign Secretary has reallocated responsibilities as follows:
	Peter Hain—European Union, Central Europe, Southern Europe.
	Baroness Symons (Deputy Leader of the House of Lords and also a Minister in the Department of Trade and Industry)—trade promotion, inward investment, trade policy, North America, Britain Abroad Task Force.
	Ben Bradshaw—Middle East, North Africa, South Asia, South-East Asia, Former Soviet Union, International Security, Non-Proliferation and Security Policy issues, Counter-Terrorism, Visas.
	Denis Macshane—Latin America, North East Asia, China and Hong Kong, South-East Europe, drugs and international crime, environmental policy, United Nations, Human Rights, aviation, maritime and energy, science and technology public diplomacy, cultural relations, central administration and resources.
	Baroness Amos (also the Government's principal spokesperson in the House of Lords on International Development)—Africa, Commonwealth, Caribbean, Overseas Territories, consular issues, personnel.
	Ben Bradshaw covers for Baroness Amos's portfolio in the House of Commons (with the exception of Africa). Denis MacShane covers the Foreign Office aspects of Baroness Symons's portfolio in the House of Commons (and also Africa).
	Baroness Symons and Baroness Amos between them cover all Foreign and Commonwealth Office responsibilities in the House of Lords.

Rebated Fuels: Introduction of the Euromarker

Lord Corbett of Castle Vale: asked Her Majesty's Government:
	What are their plans for consultation on proposals for the introduction of the new Euromarker which aims to tackle the misuse of rebated fuels throughout the EU.

Lord McIntosh of Haringey: The Customs and Excise consultation document Improving markers in rebated fuels—Introduction of the Euromarker is published today. Copies are available in the Library and in the Printed Paper Office.

Economic and Monetary Union

Lord Patten: asked Her Majesty's Government:
	What lessons they draw for the economy of the United Kingdom from the experiences of Germany since it joined the Economic and Monetary Union.

Lord McIntosh of Haringey: Information on recent developments and the outlook for the world economy can be found in the Budget and Pre-Budget Reports.

Taliban and Al' Qaeda Detainees

Lord Craig of Radley: asked Her Majesty's Government:
	What instructions have been given for handling Al' Qaeda and Taliban combatants who are captured by, or surrender to, British Armed Forces in Afghanistan; how such combatants will then be classified; and where they will be held captive.

Lord Bach: Appropriate guidance has been given to the UK forces operating in Afghanistan to ensure compliance with the UK's international obligations. The status of captured combatants will be determined on a case-by-case basis in accordance with these obligations. The location where any potential captives might be held would depend on the circumstances at the time.

Chinook ZD576: Government Response to Select Committee Report

Baroness Michie of Gallanach: asked Her Majesty's Government:
	When they will publish their response to the report of the Select Committee on Chinook ZD576.

Lord Bach: The Government have a commitment to respond to Select Committee reports within six months. However, we will try to produce a response to this report significantly sooner than that. It is our expectation that the report and the government response will then be debated together in the House, although the precise arrangements for that are a matter for the usual channels.

Health Authorities: Spending

Lord Smith of Leigh: asked Her Majesty's Government:
	To what extent health authorities are currently overspending on their budgets; and how this will impact on primary care trusts in the next financial year.

Lord Hunt of Kings Heath: By the end of this financial year we expect all health authorities to live within their agreed resource limits. Where they require support at year-end this will be provided principally through brokerage from elsewhere in the National Health Service. This is normal practice in managing the year-end financial position of individual bodies and for the NHS overall.

Chronic Fatigue Syndrome/Myalgic Encephalomyelitis

Lord Clement-Jones: asked Her Majesty's Government:
	How they plan to disseminate the findings and recommendations of the Chief Medical Officer's working group report on their management of Chronic Fatigue Syndrome/Myalgic Encephalomyelitis; and what resources they will devote to this task; and
	Whether they will commission National Institute for Clinical Excellence guidance on Chronic Fatigue Syndrome/Myalgic Encephalomyelitis management; and
	What research they or the Medical Research Council will commission following the Chief Medical Officer's working group report on the management of Chronic Fatigue Syndrome/Myalgic Encephalomyelitis.

Lord Hunt of Kings Heath: The Chronic Fatigue Syndrome/Myalgic Encephalomyelitis independent working group's report has identified CFS/ME as a specific illness. The report was published on 11 January and has been placed on the Chief Medical Officer's website so that it can be accessed by all interested parties including general practitioners and consultants. It is hoped that the report and the summary for clinicians will result in improved awareness and understanding and will lead to improved diagnosis, management and treatment.
	The report makes a number of recommendations around recognition and definition of the illness: treatment and care; health service planning; education and awareness; and research. The report has been drawn to the attention of doctors through the Chief Medical Officer's bulletin and nurses via the Chief Nursing Officer's bulletin. We shall also be bringing this report to the attention of chief executives of health authorities, NHS trusts and primary care trusts so that they can consider its implications when commissioning services. Referral to the National Institute for Clinical Excellence to provide a guideline on mangement and treatment is currently being considered.
	The Department of Health has commissioned research into the diagnosis and treatment of CFS/ME and details are available on the National Research Register which can be accessed via the department's research and development website—www.doh.gov.uk/research. The department has asked the Medical Research Council to develop a broad strategy for advancing further biomedical and health services research on CFS/ME.

Rough Sleepers: Westminster Cathedral Piazza

Lord Patten: asked Her Majesty's Government:
	What help they are giving to the rough sleepers who sleep on the pavements each night within the piazza in front of Westminster Cathedral; and
	What is their target for the ending of rough sleeping nightly within the piazza in front of Westminster Cathedral.

Lord Falconer of Thoroton: The Government's Rough Sleepers' Unit funds contact and assessment teams in the Victoria area who, in conjunction with local statutory services, work with people who sleep rough on the piazza. The contact and assessment teams visit daily to offer help, including accommodation, to anyone who needs it.
	Westminster City Council has a responsibility for both addressing rough sleeping in its borough and the wider daytime street activity issues which the piazza suffers from, such as street drinking.
	The Government had a national target to reduce the number of rough sleepers by two-thirds by 2002. The Prime Minister announced in December 2001 that they had met this target with a reduction of 71 per cent. The Government do not have targets for specific areas such as the piazza in front of Westminster Cathedral but we are aware of the problems in this area.

Benefit Sanctions: Rough Sleepers

Earl Russell: asked Her Majesty's Government:
	How many of the 532 people found by the Rough Sleepers' Unit to be sleeping rough were at the time subject to benefit sanctions; what percentage of the total this represents; and what were the extents and durations of the sanctions concerned.

Lord Falconer of Thoroton: Neither the RSU nor the Department for Work and Pensions records this information. However any person, including those sleeping rough, who has passed the habitual residency test is able to claim benefits at the income support rate, even if they do not have a national insurance number.
	In addition, multi-disciplinary contact and assessment teams (CATs) in major cities across England work with vulnerable rough sleepers to help them into accommodation. CATs ensure that benefit claims are set up and broker solutions with the Department for Work and Pensions. In London, homeless person liaison officers working for the Department for Work and Pensions also target benefits advice and support in shelters, hostels and day centres.
	The relaxation of the verification framework allows rough sleepers 13 weeks to verify their benefit claim after entering a direct access hostel. In addition, rolling shelters provide accommodation, which is free at the point of access, for vulnerable rough sleepers irrespective of whether they are subject to benefits sanctions.

Class 142 Trains

Lord Greaves: asked Her Majesty's Government:
	Whether they consider that the quality of ride on Class 142 "Pacer" diesel multiple units is acceptable; and, if not, when steps will be taken to replace these trains.

Lord Falconer of Thoroton: The Strategic Rail Authority is responsible for monitoring the quality of service provided. Train operators are required to carry out regular customer satisfaction surveys to measure passengers' perception with various aspects of service quality, including comfort. The operators are required to keep satisfaction above benchmarks based on the results of suveys carried out at the time of franchising. If satisfaction falls below benchmark, the operator can be required to implement an action plan to remedy the problem. The authority is not aware of any current plans to replace Class 142 trains.

Class 142 Trains

Lord Greaves: asked Her Majesty's Government:
	On which services Class 142 "Pacer" diesel multiple units are currently used; and whether any of these services are in the London and south-east region.

Lord Falconer of Thoroton: These units are used on services within the Wales and Borders, Wessex and First North Western franchises.

A14 in Suffolk

Baroness Scott of Needham Market: asked Her Majesty's Government:
	When they will be able to give a firm date for the replacement of the concrete road surface of the A14 in Suffolk.

Lord Falconer of Thoroton: The concrete road sections of the A14 in Suffolk were constructed in the 70s and early 80s. The concrete surface will be replaced as part of the Government's 10 year plan. The existing surface is in good condition, and the timing of that work will be determined in the light of the criteria announced by the Government in October 2001.
	Those criteria are: that wherever possible the application of quieter surfaces will fit in with normal maintenance needs; that priority will be given to those sites where treatment would benefit the greatest number of people; that the work will be carried out in such a way as to minimise disruption to the general public and users of the network; and that priority will be given to roads, opened since June 1988, where actual noise levels have turned out to be significantly higher than predicted at the time of the public inquiry.

Parking Concessions for the Disabled

Baroness Trumpington: asked Her Majesty's Government:
	Whether they will consider replacing local disabled parking badges with a universal nationwide scheme.

Lord Falconer of Thoroton: A national scheme of parking concessions, known as the Blue Badge Scheme, was introduced in regulations made under the Chronically Sick and Disabled Persons Act 1970. In addition some local authorities have introduced their own local schemes by means of a traffic regulation order under the Road Traffic Regulation Act 1984.

Slug Pellets

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	In view of the recently reported effects of slug pellet chemicals on the United Kingdom frog population, whether they regard as satisfactory the amount of research (indicated by the Lord Whitty on 12 November 2001 (WA 59–60) which they are conducting; and
	Whether they intend to instruct the Pesticides Safety Directorate and the Health and Safety Executive to investigate whether to restrict the use of materials containing metaldehyde to approved uses only, both in domestic and agricultural use; and
	What consideration they have given to the fact that the use of metaldehyde is restricted in the United States due to the risk to wildlife; and
	Whether they believe that the accumulation of copper by animals eating slug pellets or slugs killed by pellets poses a threat to those animals; and, if so, what action they intend to take.

Lord Whitty: Metaldehyde and other compounds approved for use to kill slugs may only be marketed and used if approved by Ministers. Approval is only granted following the evaluation of scientific data provided by the company in respect of risks to people and the environment. Any further research need to address subsequent questions about the effects of the product are referred back to the company; it is not the Government's role to support the approval of specific pesticide products. However, DEFRA is carrying out general research on integrated methods of slug control, including novel technologies, to reduce the impact on non-target species.
	A pesticide may only be used according to the conditions of its approval. For metaldehyde, these conditions include rules on the formulation of products so that they are not attractive to wild creatures, including birds, and rules for the use of the product so as to minimise the risk of harm to non-target creatures.
	Some slug pellets include small quantities of copper compounds to dye the product blue and thus make it unattractive to birds. The Pesticides Safety Dirctorate (PSD) is looking into the suggestion by the Froglife Trust that this practice may be leading to elevated levels of copper in frogs and that this in turn may be damaging their immune systems. If necessary, PSD will require the product approval holders to provide scientific information to clarify the issue.
	Metaldehyde products are widely used in gardens in the United States. They carry warnings about risks to wildlife (as do similar products in the UK). The US rules do not appear to suggest the need for changes to the conditions attached to UK approvals.

Interim Livestock Movements Regime

Baroness Gould of Potternewton: asked Her Majesty's Government:
	Whether they will publish the risk assessments that support the relaxing of controls over livestock markets, animal movements and countryside activities announced by the Lord Whitty this week.

Lord Whitty: We are today placing in the Library of the House copies of a document setting out the veterinary basis for the interim livestock movements regime, along with veterinary risk assessments on markets, sheep shearing, sheep dipping and scanning, footpaths and hunting; and a preliminary risk analysis of the 20-day standstill rule carried out by the Veterinary Laboratories Agency.

London Tourism: Visitor Bed Occupancy

Lord Fearn: asked Her Majesty's Government:
	What monitoring of visitor bed occupancy has been undertaken in London over the six months since July 2001.

Baroness Blackstone: Official monitoring of visitor bed occupancy in London has been undertaken since January 1997 by the London Tourist Board (LTB) and Convention Bureau as part of the United Kingdom Occupancy Survey (UKOS). This is carried out by all regional tourist boards, and co-ordinated by the English Tourism Council under the EU directive on tourism statistics, which the UK adopted in 1995.
	The London Tourist Board bases its survey on approximately 80 establishments in Greater London, and issues results including: bed occupancy, room occupancy, the proportion of bednights accounted for by overseas customers and the average length of stay. These results are categories by type, size and/or grading of establishments, sub-region and price band.
	The LTB has issued confirmed results for July and August 2001, and provisional results for September, October and November 2001. September's final results and December's provisional results are expected shortly.

Attendance Allowance

Baroness Greengross: asked Her Majesty's Government:
	Whether attendance allowance will continue to be paid to residents of nursing and residential care homes in Scotland.

Baroness Hollis of Heigham: Attendance allowance is paid to severely disabled residents of nursing homes and residential care homes so long as they meet the whole cost of their place in the home entirely from their own resources and without recourse to help with that cost from public funds. The rules operate on a Great Britain-wide basis and we have no plans to change them.

Department for Work and Pensions: Benefit Adjustment

Baroness Barker: asked Her Majesty's Government:
	What is the estimated average cost to the Department for Work and Pensions each time an adjustment is made to each or any of the following benefits due to a claimant's stay in hospital for (i) over four weeks and (ii) over six weeks––(a) state retirement pension; (b) incapacity benefit; (c) severe disablement allowance; (d) disability living allowance; (e) attendance allowance; (f) invalid care allowance; (g) income support; (h) housing benefit; and (i) council tax benefit.

Baroness Hollis of Heigham: The information is not available in the format requested. The Benefit Agency's administration costs are published in the Benefits Agency Annual Report and Accounts 2000–01, copies of which are available in the Library.